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MISSOURI PACIFIC RAILROAD COMPANY v. ORSBURN

No. 5-5940.

481 S.W.2d 356 (1972)

MISSOURI PACIFIC RAILROAD COMPANY, Appellant, v. George ORSBURN, Appellee.

Supreme Court of Arkansas.

June 19, 1972.

Attorney(s) appearing for the Case

W. J. Smith, and J. D. Watson, Little Rock, for appellant.

Mathis & Sanders, by Bobby W. Sanders, Arkadelphia, for appellee.

GEORGE ROSE SMITH, Justice.

The principal question upon this appeal relates to the circuit court's power to set aside its own judgment in a nonjury case, during the same term of court at which the judgment was entered.

The appellee Orsburn recovered a $225 judgment for the value of a cow killed by one of the appellant's trains, plus a $25 penalty under Ark.Stat.Ann. § 73-624 (Repl.1957). The railroad company filed a notice of appeal. The plaintiff then...

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